Tuesday, June 26, 2012

“I filed this lawsuit to pry loose files. It
will help AIM and Leonard Peltier but also all those who are, in the broader
sense, interested in COINTELPRO and
disruptions of past and current, political movements” -–Michael Kuzma, FOIA
Attorney for Leonard Peltier, Buffalo NY

June 19, 2012. San Francisco. A collision course with time. Who’s alive and who died. Turning dark corners riding bareback,
watching an eagle in twilight sky guiding sixteen give or take. Indians. To safety. Escaping the FBI on Pine Ridge
Indian Reservation, South Dakota. In June 1975.
Those who did not die from the rounds of G-men gunfire shot John Wayne
style. Told stories about how some kind of circle of life protected them that
day. Legends of of who was there, and who got away. Who was a fed, and who wasn't. Persist even now.

A lot has been written about the American Indian Movement (AIM). And a shoot-out at Jumping Bull
Compound, Pine Ridge Indian Reservation (FBI
codeword “resmurs”). On June 26, 1975. Books (In the Spirit of Crazy Horse) and even two flicks (Thunderheart, Incident at Oglala). Depict
these fateful eventsbetween “radical” Indians and FBI. But like an old gangster movie house
shut town in most small American towns, this Western story isn’t being told
much any more. The silver screen slashed
by time, history lost. Who killed two FBI agents (Coler and Williams) that June day in 1975 is
dominated by a post colonial dronelike buzz hovering over Indian Country. There
is spying. In the Sky. And. Lies about
Leonard Peltier being guilty of killing FBI, his serving two life sentences, set-up as a scapegoat for those crimes, and other federally designed atrocities. Peltier a name some have forgotten, or worse
yet. A political prisoner some don’t
realize is still alive. Viable efforts
to free him, from a wrongful conviction. Still taking hold. Despite the lostness of time.

So. Then. Let’s begin
again.

To untangle this brutal mess.

Via Peltier’s current, FOIA Attorney from Buffalo,
New York.

THE BUFFALO CONNECTION

Leonard Peltier, circa 1979

A prison visit. March 2012. Attorney Michael Kuzma visits his client
Leonard Peltier, at Coleman Federal
Penitentiary, Coleman, Florida. In March
2012, Kuzma. Often travelling out of his own pocket. To give Peltier some updates. About a new lawsuit. And talk about a guy
once called “Frank Blackhorse”. Apparently
Blackhorse was a long haired always
ready for a fight guy, who came into AIM during 1973 at Wounded Knee. He was
also considered Peltier’s AIM brother.
Until Blackhorse disappeared from sight, from life. From history. Literally. Soon after Peltier’s arrest in Canada, Feb.
1976.

Blackhorse in a Nov. 1975 FBI
teletype is named as a "reliable source" and Kuzma wants the rest of the
files on this guy. He believes they will help prove the intricacies of
his client's wrongful conviction. For years Kuzma has challenged the Department of Justice to comply with providing him FBI Files, under FOIA.

They have at times refused, then randomly approved page counts. And then denying access, again. Given him varied catch me if you can runarounds. Kuzma persists.

In February of this year (2012) Michael Kuzma became “the Plaintiff” in a case filed against the
United States Dept. of Justice.
Regarding the “withholding of files” by the FBI. The first of his
potential “string” of lawsuits. His
colleagues from Buffalo, New York. Attorneys
at Law, Daire Brian Irwin and Peter
Reese are representing Kuzma in a request for 927 pages of FBI files, about a
man of too many names. “Frank Deluca” aka “ Frank Leonard Blackhorse”. But why
does a Peltier lawyer and his friends, go “after” Blackhorse and the FBI? Irwin explains his own rationale: “Based
on all the work Mike has done I am totally convinced that Blackhorse holds
the key to Leonard's cell.

If you look at the evidence it is hard to not think that are serious
shenanigans going on...”

The Blackhorse lawsuit
filed in Buffalo, New York. Mostly concerns the “resmurs", Leonard Peltier and
the 1975 Jumping Bull shootout. Kuzma is
claiming the FBI is wrongfully withholding
information from he (and ultimately his client, Peltier) regarding the identity
and whereabouts of Frank Blackhorse. This Buffalo lawyer believes the epic
“Blackhorse masquerade” as Kuzma calls it.
Is the key to his client’s freedom.

"Siege at Wounded Knee, 1973"

“A ‘piece in the
mosaic’ which will set my client free” Kuzma explains. “Indian Country
and any
‘pinhead’ knows. That there were
infiltrators into AIM who set up and created the deaths of the two FBI
agents
on Pine Ridge Indian Reservation”. He
believes Blackhorse fits that part.
Further, Kuzma knows for fact that Blackhorse did pull the
trigger on at least one federal agent Fitzgerald. And was neither
extradited from Canada for that shooting when he was found with Peltier .
Nor did he ever go trial. He simply. "Disappeared". Kuzma is
convinced that Peltier’s wrongful conviction in the FBI killing that
day in ’75, is a cover up, an FBI plan gone bad. “Blowback” as he calls
it: “It was their own dirty tricks. Their harassment. What happened in
1975 was blowback. I believe."

Frank Blackhorse, rare arrest

THE BLACKHORSE STORY

This Blackhorse intrigue
has nearly haunted Michael Kuzma: “Who was this guy? Why was this Jewish guy
masquerading as an American Indian? Why was he not extradited with Leonard?”

Kuzma tells me the
intricacies of the story, as I interview
him, about the FBI’s sharkskin lawsuit pretensions. This June afternoon,
2012. From the West, to the East. We do sound bites.

The story epic. A
Reader’s Digest version of Blackhorse goes like this: Black Horse was carrying
a firearm and a pocketful of pot. In
Feb. 1976. When the Canadian Mounties “found” he and Peltier that day. Peltier was taken into custody. On the
spot. To be extradited to the U.S. For killing the two FBI agents.

Blackhorse, on the other hand, never made it back to the States. His extradition, never happened.

The fact
that there was an active warrant for Blackhorse. Pertaining to his
alleged shooting of an FBI agent Fitzgerald. And a "no show" at his own
trial. Is what keeps Kuzma pushing into the dark corners of all this.
Kuzma wants answers. Blackhorse was never charged in the killing of the two FBI “Jumping Bull” agents, for which he had
not been indicted, but certainly was listed on FBI communiqués, as a person of
interest. According
to continued Indian Country "moccasin telegraph" Blackhorse was not at
Jumping Bull that day. But without public disclosure about this man,
nothing about his whereabouts. Is certain.

Instead of being held
accountable for shooting an agent, and skipping on his trial date FOR
that shooting. Blackhorse
was simply charged with possession of marijuana, the Canadian charges
later dropped on a
“technicality”. And poof. Black Horse
rides off into the Yukon sunset. Or was
it into the wilds of Newfoundland. A rare band of friends. Perhaps
know. Where he went. And down the line, his lawyer was found in
contempt of court regarding Blackhorse’s
no show for a trial. Which was based on charges that he wounded Agent
Fitzgerald. Blackhorse’s attorney fought
to the Supreme Court for the right to “not” disclose why her client,
disappeared. And never came to trial.
Where is he ?? Now. Kuzma wants to know. Why wasn’t Frank Blackhorse
aka “Frank Deluca” extradited from Canada? For a no show on his own
shooting trial and warrant. Why did he claim he was
“American Indian” when history indicates via “boystown records” that he
was/is a
white boy from the Midwest?

It doesn’t take a Nancy Drew to connect the
dots. On this map.

FBI Teletype naming Frank Black Horse as a Source: Nov. 1975

Kuzma believes Blackhorse
was perhaps an FBI informant: “Some of the FOIA documents we HAVE secured find
he was running with Leonard Peltier and it appears he pretty much lead the authorities
to Leonard.”

In the 1970’s—just
like now in the Occupy Movement—federal agents were sent into strategic groups
to disrupt, infiltrate and report information to the FBI . They work/ed as
operatives, informants and purveyors of dis-information, with the explicit purpose
of disrupting and creating violence (confirmed per FOIA--Freedom of Information
Act--documents Kuzma HAS obtained). Cointelpro agents sent in with the sole
purpose of destroying a movement. In this case AIM.Blackhorse may have been their star
player.That is what Kuzma is set to
prove. And Kuzma is clear in
his resolve to place blame.

For the killing of two
FBI that day in June ’75. Right where it
belongs.

Kuzma is not a lone wolf, here. Even John Trudell, chairperson of AIM during the turbulent 1970’s stated a few years back, in an interview with KBOO radio, Portland, Oregon, that he believes the shoot out was FBI “A plan. Gone Bad. They killed their own….The
Government had an operative…someone they put amongst a group… to direct
activities. Not an informant. An operative. This operative is behind
the fire fight at Oglala (Jumping Bull). Where the agents were
killed…the way it appears to me is that this operative manipulated both
sides against each other. As a part of a larger plan. But the plan
went wrong, and the agents got killed.”

Now, nearly four
decades after the Jumping Bull Shoot, Blackhorse aka Frank DeLuca and
his role in AIM, for the "Feds" is still a coin toss and ten paces away
from a draw. And Kuzma ‘s Spring 2012
visit to Coleman prison finds him. Telling Leonard Peltier news he may
not want
to hear: Blackhorse may have been working for the Feds. All along. We’ve
been here before.
Operatives in the Movement. That is what
killed Annie Mae Aquash. And there was Dennis Banks. Old AIM leader, learning
his best friend Douglas Durham, was a Fed.
Way back when.

So. What does Leonard
Peltier say about this Black Horse mystery man?
His once “old friend”. And the
implications that his long ago AIM “brother” may have been a Federal Operative.
How does Peltier weigh in. About the new lawsuit being initiated by the his
FOIA lawyer Mike Kuzma??

Peltier gave him the
nod, yes. Go forward. During their March 2012 Coleman Prison visit. According
to Kuzma, Peltier said:

“Go after the
information, give me what you have about Blackhorse and file whatever lawsuits
you can, to find the truth”.

This is important.
Because some in Indian Country had speculated that Peltier is not committed to unraveling
the web of confusion regarding the missing Mr. Blackhorse. Whose name and
mystery over the years. Have popped up
like ads on you tube. Interrupting the
main story. Some have even suggested that Peltier. maybe. Is not interested in
talking about Blackhorse, at all. That Peltier may not be wanting to drag up
more accusations against old AIM, even if they are guised as Federal
Operatives.

Postcard created by Buffalo, Ny LPDOCSpring 2012

That is just not true. According
to Kuzma. Peltier not only gave Kuzma
the go ahead—though Peltier was surprised, according to Kuzma, about the
possibility of a Blackhorse turncoat
identity—but Peltier is also, supportive.
Of this case, Kuzma’s efforts.
And the importance it may have in Peltier’s freedom. Someday.

Kuzma is satisfied
with his Peltier visit: “When I saw Leonard at the end of March in Coleman he
became fully aware of the lawsuit I brought against the Dept. Of Justice
regarding Blackhorse. And Leonard
supported that along with full release of documents.” This was probably--at least in part--because
one of the files that Kuzma showed Peltier: an FBI teletype, from Nov. 1975.

Which
named “Francis Black Horse” as a “confidential
source who has provided reliable information in the past”. It was
something
Peltier wanted to take back to his cell with him. Perhaps to memorize
and ease the surprise. Prison laws being what they are Kuzma couldn’t
leave it with his client. He mailed it to Peltier when get got back to
Buffalo. Helping Peltier be certain to have
this tangible proof: however Black
Horse had posed in the past, his mug shot cover was now,
blown.

Sometimes the long
time between contact and barbaric prison conditions can make for grizzly quick
encounters. But not this time. Kuzma
returned to Buffalo, his bravado, his colleagues preparing for oral arguments
in the Black Horse, Kuzma vs Dept of Justice, case.

LAWSUIT RULING: A WIN

The suit was argued on June 1,
2012, by one of Kuzma’s counsel, Peter Reese, with a ruling (6.1.12)
by Judge McCarthy: he has agreed to peruse the 927 pages to
discover whether or not the FBI has a “right” to be withholding all of
the documents from Kuzma. Reese explains the intricacies of the
process:
“An ideal outcome is an unbiased review and honest determination as to
which,
if any, of the withheld documents is subject to disclosure under FOIA.
I
am confident that we will get a proper determination from Judge McCarthy
and we will accept the results of his…inspection.”

The presiding Judge
surprisingly taking time. Mystically listening to Kuzma, Irwin and Reese. Defying the Dept. of Justice claim that they
are “withholding nothing”. “A final decision may come as soon as thirty days
from now (June 19, 2012).” Attorney Irwin
explains. And he is optimistic:

“ I give the judge alot of credit for taking it on.

I mean how many other judges have said they will even look at these
Blackhorse files.

It is already a success.

It is another set of eyes.

And. Either way the judge rules, it is a win.

There is a crack. In their case, now." And the bravado of Kuzma and his colleagues, has just begun.

Mike Kuzma, Toronto, Ontario 2.11 (photo, Daire Brian Irwin)

ONGOING BRAVADO

Plaintiff in this “Blackhorse
aka DeLuca” case, FOIA Lawyer for
Leonard Peltier, Michael Kuzma is an
impressive yet unlikely addition to the high profile list of AIM/Peltier
lawyers. Who have emerged over the
years. Including William Kunstler and
Lou Gurwitz (RIP). Kuzma was, after all,
a young Polish descent senior high school kid in 1975. When all this went down. A white boy who just like now, spends most of
his “free time”, taking care of his then and still, single Mom. Yes. Kuzma is old school, a scout, the guide
in this brambled flick to justice. For the American Indian Movement.

The wild card a U. S. Government never saw
coming to the tables. For Leonard Peltier.

This “white boy” attorney
gambles on a win. From the streets of Buffalo. And has the Dept. of Justice
doin’ one for the money. Two for the show. They didn’t see this one saw
coming. Until now. And they best stay ready, because Kuzma has
string of lawsuits planned. From
soliciting paperwork regarding presiding Peltier trial Judge Heaney (recently
deceased), to ongoing FOIA lawsuits regarding the dark horse “secret agent
man” DeLuca.

Kuzma is articulate about the strategy:

“It’s a part of a
huge mosaic. Another piece of the puzzle.
What I am planning to do with the Judge
Heaney files--for which I am currently getting “the blackhorse treatment”—is
battle for access to those files. Filing a lawsuit for those records AND and filing
a lawsuit to gain records to the Fitzgerald case. It is a part of the mosaic.”

Kuzma’s resolve, is contagious.
It is clear. The ramifications of these legal
proceedings by Kuzma, Peter Reese and Daire Brian Irwin are a work in
progress. Kuzma already has new paperwork ready to file as he "exhausts
his administrative remedies" regarding the Heaney files (which may
implicate visits by the FBI to a presiding Judge, during Peltier's
trial) and ongoing requests for more, "less public" requests for
Blackhorse files. All of this can be strung together like abalone on
those old Elk tether medicine bags which some say protected AIM that day
at the shoot-out. With all the lawsuits/requests for FOIA docs, Kuzma
believes it could potentially culminate in a "federal habeas corpus"
which, unlike past efforts. Could succeed in the Courts. Or perhaps
create such a demand for Clemency that either way. Leonard goes. Free.

A
resilient Judicial System may be ready to undo past errs. Finally
revisit the U.S. Civil Rights Commission of 1975. Or become more like
the U. S. Senate Church committee. Reluctant to challenge FBI covert violence and illegal activities against AIM. And "native america". Either way, Kuzma believes FOIA challenges can navigate the truth. He and his colleagues also know random acts of
support, from all four directions. Can change the course of this
history. Like volunteers in a wilderness expedition heading toward
weathered terrain, they have their watches, synchronized. Their
compasses at hand. They won't let time or history erase the need for
successful arrival at their destination: remedying a wrongful convicton.
Of Leonard Peltier. The impact of their resilience, epic. Irwin has a
grasp on the meteor-like scope. The random
acts of resolve it will take to surpass, and survive their impasses.
They will persist. He explains:

“This is one piece of a million pieces. We are chiseling away.

This is the only way that Leonard doesn't fall way
into dust in a cell.

We might find look for another lawsuit, to file, continue
with FOIA requests.Comb through those and we will probably file a broader FOIA regarding Blackhorse.

But. All this would be a mute if Blackhorse would just give us a call.

So where exactly IS Blackhorse
now?? What is his aka, these days? Is he in. Witness protection.
Posing as AIM. A guy on the lam. Or. Making that trek into secret agent
land. Where the wrong people do time in a prison designed to free
Justice from the shackles of our past. It
is unclear if the man once named Frank Blackhorse is hiding out
in Cleveland, starting an AIM museum in France. Or dead in the waters
of some fishing
expedition. Gone bad. Sound like a
Godfather flick. You bet. What’s clear, is that during the 1970’s
“Blackhorse” was part of the American Indian Movement. And. What
concerns Kuzma is
that he was trusted by its leaders, Kuzma citing Dennis Banks in his
loosely
knit, AIM memoir, Ojibwa Warrior. Banks
apparently implies Blackhorse was an “AIM warrior”. Or at least, expresses little notice of
Blackhorse and his “disappearing” ways. Back then. The Black Horse enigma intrigues, even a rookie in all this. Because Kuzma
believes "Blackhorse is fairly approachable. And still alive. Up in
Canada." Maybe he'll waive the freeze on his files. And rise to the
occasion of his own masquerade. As Irwin says, "make that call".

With Kuzma and his
Buffalo installations of law, the Blackhorses of the world might just have to
be sent back. To the places which bred
them. While the innocent go free. Like an eagle’s sustenance in a twilight
escape from one hundred rounds of ammunition.
Vision. That is what keeps Kuzma going
forward for Leonard Peltier. That and a little help from friends.

Perhaps it as simple as Kuzma’s counsel Peter
Reese reflects: “In the end, under FOIA, you have to trust someone.” Perhaps
that was also old AIM sentiments about the intense days surrounding the
“shoot-out”: you gotta trust someone. And Peltier has paid the ultimate sacrifice,
for that trust.

Warriors in a post colonial league. Peter Reese and Daire Brian Irwin
have Kuzma’s back in all this. It’s clear.
Kuzma lets no one forget“It
was their own dirty tricks. What
happened in 1975 with the FBI, was blowback”.

While Irwin professes: “Success of this lawsuit is just one part of a
larger thing.

It is perseverance.

It is relentless.

It is about not giving up...

I want to see Leonard free. On the courthouse steps, he and Mike, arm in
arm.”

The Buffalo Bravados are just
beginning to play their hands. And Peltier has his bets on their scene.
The
main feature has just begun and it seems one thing is certain: there
won’t be
any old fashioned, intermission. Anytime soon. It's the first day of
Summer, after all. And their expedition, like the trek of 16 give or
take Indians at Jumping Bull. Is a vested gamble on a win. Has the light
of day. On their side. Nothing can impede. These Kuzma legal
challenges, will prevail.

*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

"First Nations Day, Ashland Ore. 2008photo by a. nora claypoole

Special thanks to Kathy Smith and Barry Bachrach for additional source information in this piece.

“the Government had
an operative…someone they put amongst you to direct activities. I think there was an operative who had access
to the AIM Leadership. This operative is
behind the fire fight at Oglala (Jumping Bull).
Where the agents were killed…The way it appears to me that this operative manipulated both sides against
each other. As a part of a larger
plan. But the plan went wrong, and the
agents got killed. See the plan went
bad. And that being the case the
Government needs a scapegoat. So that is
what I see is at the bottom of Peltier’s case.”

07/03/75: Dale Lewis Shepard purchases 12-guage Remington
shotgun which was taken from S/A Coler at the time of his death for $15 from an
individual resembling Blackhorse. Exhibit F.

07/17/75: Teletype from FBI Rapid City to the Director and
several other FBI field offices: The investigation of this case is being
directed towards: “. . . develop[ing] information to lock Peltier and Black
Horse into this case.” Exhibit G.

02/09/76: Richard Stadelman, Shawano-Menominee Court, advises
FBI that the pending charges against Blackhorse of Carrying a Concealed Weapon
and Obstructing an Officer will formally be dropped at a future date. Exhibit
E, p. 1.

Break the Chains.info

is a news and discussion forum for supporters of political prisoners, prisoners of war, politicized social prisoners, and victims of police and state intimidation.

This blog is organized and updated autonomously of the disbanded Break the Chains Prisoner Support Network formerly based in Eugene, Oregon. While this online project shares several of the same concerns as the old Break the Chains collective, no formal organization exists behind the current web presence.

"I will never surrender my pride and dignity nor allow the system to 'cut my tongue' and I will always, without fear, speak out against these war crimes and crimes against humanity, no matter if I spend the rest of my life in a prison cage, and draw my last breath of air laying down in this steel bed surrounded by razor-wire fences and cages, and its prison policies that are designed to destroy one's humanity…."